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Last Name Of new born baby ?

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herkiebasher

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I am having a new baby and I am not with the mother. I am wondering if and what any affects legally and insurance wise there are if I give the baby My last name on the day of birth?

Thanks so much for any insight
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Wisconsin

I am having a new baby and I am not with the mother. I am wondering if and what any affects legally and insurance wise there are if I give the baby My last name on the day of birth?

Thanks so much for any insight
Legally and insurance wise, the last name of the child means nothing.
 
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Antigone*

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

I am having a new baby and I am not with the mother. I am wondering if and what any affects legally and insurance wise there are if I give the baby My last name on the day of birth?

Thanks so much for any insight
What makes you think YOU have any right to name this baby?. Technically if you are not married to mom, you are not the father until you sign an AOP or are legally declared so by the court.
 
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Legal wise, YOU won't be naming the baby anything unless Mom agrees. If Mom gives the baby her last name, it will have no bearing on insurance or legalities, just as it won't matter if the baby has your name. A rose by any other name...you get it. A name means nothing in the eyes of the law, nor the insurance company.

The legal reality is, Mom holds all the cards to custody, naming and visitation until a court gives an order for custody and visitation, or you reach a stipulated agreement with Mom.
 

justalayman

Senior Member
A rose by any other name...you get it. A name means nothing in the eyes of the law, nor the insurance company.
.
who do you think you are fooling? I have raised a couple children. At least at the newborn stage, rose and sweet smell are simply not applicable.
 

Zigner

Senior Member, Non-Attorney
who do you think you are fooling? I have raised a couple children. At least at the newborn stage, rose and sweet smell are simply not applicable.
I disagree. With my kids and grandkids, even the yucky stuff is a sweet smell. ;)
 

herkiebasher

Junior Member
Wow

I guess I didnt realize I would get some many stupid and rude responses. What Right do I have to my child, Is that really something that has to be argued? I have 2 other kids that I have raised almost by myself, and I ask a one question and get responses with capitol letters like "YOU" and I dont have any rights to my child unless the mom says so. YOU act like your judgmental ass has any idea what my situation is and really anything about me or my kids. Its my son and I would like MY son to have MY last name.
 
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proud_parent

Senior Member
I guess I didnt realize I would get some many stupid and rude responses. What Right do I have to my child, Is that really something that has to be argued? I have 2 other kids that I have raised almost by myself, and I ask a one question and get responses with capitol letters like "YOU" and I dont have any rights to my child unless the mom says so. YOU act like your judgmental ass has any idea what my situation is and really anything about me or my kids. Its my son and I would like MY son to have MY last name.
The fact remains that unless you are married to the mother at the time of the child's birth, you will have no legal rights to the child until your paternity is established by the court.
 
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Antigone*

Senior Member
I guess I didnt realize I would get some many stupid and rude responses. What Right do I have to my child, Is that really something that has to be argued? I have 2 other kids that I have raised almost by myself, and I ask a one question and get responses with capitol letters like "YOU" and I dont have any rights to my child unless the mom says so. YOU act like your judgmental ass has any idea what my situation is and really anything about me or my kids. Its my son and I would like MY son to have MY last name.
No issues here buddy. If you are not married to mom, then when she has the baby, you are not legally dad. YOU have no right to legally name the child. Mom may grant your request, but untill you are legally declared dad, YOU have no right.

So why havent' you married her???
 
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TinkerBelleLuvr

Senior Member
If you want naming rights when child is born:

1. Get to know a girl
2. Marry the girl
3. Then have the baby

When you choose to skip #2, you lost the naming rights game. Now you get to get acknowledged and rights thru the courts.
 

frylover

Senior Member
I guess I didnt realize I would get some many stupid and rude responses. What Right do I have to my child, Is that really something that has to be argued? I have 2 other kids that I have raised almost by myself, and I ask a one question and get responses with capitol letters like "YOU" and I dont have any rights to my child unless the mom says so. YOU act like your judgmental ass has any idea what my situation is and really anything about me or my kids. Its my son and I would like MY son to have MY last name.
The responses you receieved were not stupid. It doesn't matter if you have 50 other kids. You are not married to mom. Legally this means that until you take the necessary steps to establish paternity, you don't have a child. Mom will be the only one with any legal rights, including the right to name the baby, until you are legally declared the father. If mom agrees to baby having your name, great. If not, once you are declared the father, you can ask that little boy's name can be changed to yours, or maybe it can be hyphenated with mom's name. But the fact is you don't have any rights at this point. So, as soon as baby is born, get it in gear and get those rights established.
 
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herkiebasher

Junior Member
I completely agree that is how things should work in some great order of 1,2,3, but in at least my real life it sometimes does not go that way. I am not complaining or trying to complain. I have not married the girl yet, because it just did not work out with us, but I have been supportive and attentive in every way I can be and I will be there for my son. I will be there better then most fathers, and I have to look forward to doing nothing but fighting a state for my own rights and acknowledgment for a son I love and have cared for. I guess it leads me to another question then, is why do fathers get the shaft in this?
 

Antigone*

Senior Member
I completely agree that is how things should work in some great order of 1,2,3, but in at least my real life it sometimes does not go that way. I am not complaining or trying to complain. I have not married the girl yet, because it just did not work out with us, but I have been supportive and attentive in every way I can be and I will be there for my son. I will be there better then most fathers, and I have to look forward to doing nothing but fighting a state for my own rights and acknowledgment for a son I love and have cared for. I guess it leads me to another question then, is why do fathers get the shaft in this?
You are not getting the shaft. Since you decided to skip that step you have to jump the hoops to be legally declared dad.
 
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